Article III — Water Conservation

The waste of water is prohibited and any waste shall make the person subject to the provisions of this article.

(Ord. No. 1917, § 2, 11-18-2015)

"Waste of water" includes but is not limited to any of the following acts or omissions, whether willful or negligent:

A.

Failure to repair or correct a controllable leak or discharge of water, excessive overspray, and/or low head fixture leakage that results in the flow of water to an impervious surface;

B.

The watering of lawns, flower beds, landscaping, ornamental plants or gardens on days or at times other than those allowed in Section 13.08.240 of this article;

C.

Washing of sidewalks, driveways, parking areas, tennis courts, patios, streets or other exterior paved areas or buildings except when required to remove any spillage of substances that may be a danger to public health or safety;

D.

Washing with water any motor vehicles, trailers or movable equipment other than with a bucket and rinsing the vehicle or equipment by use of a hose for not more than three minutes;

E.

Use of a hose without a positive shut off nozzle;

F.

The excess watering of any area so that water flows into a gutter or any drainage area;

G.

The unnecessary running of water in any residential, commercial or industrial establishment onto the floor, pavement, ground or into any drain or drainage area, with any equipment or in any way;

H.

Watering of lawns or landscapes during or within forty-eight hours following a measurable rain;

I.

Operation of a water fountain or other decorative water feature that does not use recirculated water.

(Ord. No. 1917, § 2, 11-18-2015)

A.

Days. The watering of lawns, flower beds, landscaping, ornamental plants or gardens throughout the year shall be allowed as follows:

Premises having odd numbered street addresses on Wednesday, Friday and Sunday;

Premises having even numbered street addresses on Tuesday, Thursday, and Saturday;

No watering will be allowed on Mondays.

B.

Hours. Watering of lawns, flower beds, landscaping, ornamental plants or gardens shall not be allowed at any hour between the hours of ten a.m. and six p.m.

C.

City owned parks, due to their size and use patterns, are exempt only from the provisions of Sections 13.08.240(A) and 13.08.240(B) of this code.

D.

Upon city declaration of a local water shortage or a state of emergency declared by the governor concerning California's water supplies, the public works director or designee may impose revised and/or additional water conservation measures on residential, commercial, and industrial water users. No person shall use, or cause to be used, city water in violation of such limitations. Violations of revised and/or additional conservation measures imposed under this section are punishable as a misdemeanor.

(Ord. No. 1917, § 2, 11-18-2015)

A.

Whenever the city becomes aware of a waste of water, the city shall notify the person at the premises where the waste of water occurred by delivering an information sheet. The information sheet shall describe the waste of water in order that it be corrected, cured or abated immediately or within seventy-two hours. In addition, the information sheet may be given to any other person known to the city who is responsible for that waste of water or the correction thereof and may be delivered to the premises every time a waste of

water occurs. Additionally, a written notice stating the date(s), time(s) and type(s) of water waste shall be delivered to the person who regularly receives the utility bill for the premises where the wasting occurred.

B.

In the event of a second waste of water within a consecutive twelve-month period, the city will send a written notice assessing a surcharge in an amount determined from time to time by city council resolution, and the surcharge shall be added to the next monthly utility bill for the property on which the waste of water occurred.

C.

In the event of a third waste of water within twelve months of any previous waste of water, a written notice will be mailed assessing a surcharge in an amount determined from time to time by city council resolution and the surcharge shall be added to the next monthly utility bill for the property on which the waste of water occurred.

D.

In the event of a fourth waste of water within twelve months of any previous waste of water, a written notice will be mailed assessing a surcharge in an amount determined from time to time by city council resolution, and the surcharge shall be added to the next monthly utility bill for the property on which the waste of water occurred.

E.

In the event of a fifth waste of water within twelve months of any previous waste of water, a written notice will be mailed assessing a surcharge in an amount determined from time to time by city council resolution, and the surcharge shall be added to the next monthly utility bill for the property on which the waste of water occurred. If the property is not already metered, the city may also require the owner or user to pay for the cost of installation of a water meter service as a prerequisite to continuing water service. The city may also install a flow restriction device on the water service and require the owner or user to pay for the costs of installation and/or removal.

F.

In the event of any subsequent waste of water within twelve months of any previous waste of water, the city may disconnect a customer's water service for willful violations of restrictions in this chapter, in addition to assessing a surcharge in an amount to be determined from time to time by city council resolution. The property owner or user will be required to pay all outstanding utility charges, fees, penalties and surcharges, in addition to a reconnection charge in an amount to be determined from time to time by city council resolution, prior to reconnection of water services.

(Ord. No. 1917, § 2, 11-18-2015)

If the public works director or designee determines the strict application of any of the provisions of this article may cause undue hardship or public health and safety risk, or if other special circumstances exist,

the strict application of this article may be waived. Requests for relief under this article must be received by the city at least twenty-four hours prior to special circumstances. Special circumstances would include, but not be limited to: newly planted areas, newly seeded areas, washing down after cement work and pressure washing a building before painting. The decision of the public works director may be appealed to the city council as described in Section 13.08.270 of this article.

(Ord. No. 1917, § 2, 11-18-2015)

If the ruling made by the public works director or designee is unsatisfactory to the person requesting consideration, the person may, file an appeal directed to the city manager or designee, whose decision may, upon request be subject to final review by the city council. The public works director or designee's decision, action or determination shall remain in effect during such period of reconsideration except that any surcharges assessed under this article will be stayed until the city council has made its decision. Decisions of the city council are final.

(Ord. No. 1917, § 2, 11-18-2015)

In addition to the administrative enforcement procedures and surcharges set forth in this article, each violation of this article may be punishable as an infraction.

(Ord. No. 1917, § 2, 11-18-2015)

The purpose of emergency water conservation is to assist meeting water pressure and/or supply demands when the water system cannot or may not be adequate and the failure to meet such demands may result in harm to the water system and/or jeopardize the health and safety of the public. In addition, emergency water conservation serves to protect water supplies during drought conditions. The public works director or designee shall determine the degree of emergency and determine what additional restrictions of water use or other appropriate actions must be taken to protect the water system, supply demands, and the citizens of Lodi.

(Ord. No. 1917, § 2, 11-18-2015)